Company Wants judge bottled up                                                                              

Now-retired, jurist might return to bench in water fight

BY ED WHITE

THE GRAND RAPIDS PRESS

BIG RAPIDS - Will the paddlin’ judge come out of retirement to re­open Michigan’s bottled-water dis­pute? Lawrence Root says he’s consider­ing it

“I’m aware of the Court of Appeals request,” said Root, 57, who retired this year after more than two decades on the Mecosta County bench.

The state appeals court last week rejected some of Root’s conclusions from a landmark trial between an en­vironmental group and Nestle Waters North America, the bottler of Ice Mountain.

Unlike Root, the court said Nestle de­served some water, though not 400 gal­lons a minute as per­mitted by the state. The court is sending the case back to Big Rapids to determine an amount and “strongly” urging Root to take charge again because of his familiarity with the complex issues.

Nestle might have to swallow hard.

America’s No.1 water bottler point­edly asked the appeals court to keep Root from any second look. Nestle ac­cused him of “intemperate” remarks and said “justice and fairness” re­quired a new judge.

.PRESS FILE PHOTO

The 19-day trial in 2003 produced 360 exhibits, a 3,700-page transcript. Enough handwritten notes by Root & filled nine legal pads.

Doing his homework: Now-retired Mecosta County Judge Lawrence Root paddles on Dead Stream near Big Rapids in 2003 to look at areas affected by Nestle’s pumping.

What a long, strange trip it’s been,” Root said at ‘the time.

He twice inspected Dead Stream by canoe, once with his dog, Chuck, to look at areas af­fected by Nestle’s pumping. The company captures ground­water that otherwise would seep above ground and feed the stream. He ordered the wells turned off, but that decision was set aside on appeal.

In an unusual postscript, written in February 2004, Root seemed to turn from judge to advocate.

He encouraged Nestle’s opponents, Michigan Citizens for Water Conservation, to build political alliances with well known groups such as Trout Unlimited and Michigan United Conservation Clubs.

“Any battle over water legis­lation is first fought in the arena of public opinion,” Root said, “and the battle lines are already being drawn there and the opening salvos fired.”

Nestle threw a few barbs of its own.

At the appeals court, the company’s Grand Rapids-based legal team accused Root of re­lying on “junk science” and taking “illogical” and “radical” positions.

“I don’t know if he’s willing to come back,” Nestle attorney Mike Haines said last week. “I don’t want to speculate on what our response would be. If he comes back, we’ll cross that’ bridge.”

Michigan Citizens for Water Conservation’s attorney, Jim Olson, said he had “no prob­lem” with Root.

The appeals court wants new hearings to begin no later than early January. Meanwhile, Nestle is restricted to a weekly average of 200 gallons per min­ute.

Since retiring as judge, Root established a law practice. He declined further comment.

“I would be shocked if he returned,” said Maxine “Mickey” McClelland, an Ice Mountain supporter and township supervisor who has known Root for decades. “I don’t think he feels good about how it all went.”